opinion: MICHIGAN SURETY COMPANY, Appellant, v. SERVICE MACHINERY CORPORATION, Inc., Appellee.
  No. 17920.
  United States Court of Appeals Fifth Circuit.
  April 22, 1960.
  Thomas H. Anderson, Miami, Fla., Robbins, Cannova & Watson, Hollywood, Fla., and Anderson & Nadeau, Miami, Fla., for appellant.
  F. E. Gotthardt, Miami, Fla., More-head, Forrest, Gotthardt & Greenberg, Miami, Fla., for appellee.
  Before TUTTLE, JONES and BROWN, Circuit Judges.
  JONES, Circuit Judge.
  A suit was commenced in the Circuit Court of Broward County, Florida, by Nicholas Luciano and others against the appellee, Service Machinery Corporation, Inc. The proceedings were commenced by the attachment of two dredges belonging to the appellee. The appellant became surety on the attachment bond which was to pay all costs and damages which the appellee should sustain if the attachment was wrongfully obtained. On motion of the appellee the Florida court dissolved the attachment. The appellee then sued the surety on the attachment bond in the Federal Court, basing jurisdiction on diversity of citizenship, and claiming damages for breach of the condition of the bond. At the time of the trial counsel for the appellee stated that he and the appellant’s counsel were “in agreement that the sole issue * * * is the amount of the reasonable attorney’s fees payable to the plaintiff as their damages for obtaining the dissolution of the attachment which was wrongfully issued.” Counsel for the appellant concurred in the statement.
  Prior to the trial the appellant filed a motion asking leave to amend its answer by alleging that the judgment dissolving the attachment was pending on an appeal to the Florida District Court of Appeal. At a trial without a jury, the appellee asserted a claim for $16,000. The Court, on January 30, 1959, entered judgment for $2,000. On February 6, 1959, the appellant filed a motion for new trial. This motion was denied on May 28, 1959. On June 1, 1959, the appellant filed a motion in which it was recited that on May 27, 1959, the Florida District Court of Appeal had reversed the order of the Circuit Court of Broward County which had dissolved the injunction. See Luciano v. Service Machinery Corp., Fla. App., 112 So.2d 890. By the motion the appellant sought, pursuant to Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C.A., to have the judgment vacated and the complaint dismissed. The motion was denied. This appeal from the judgment followed.
  The portion of the Rule upon which the appellant relies is as follows:
  “On motion and upon such terms as ai'e just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: * -x- * (g) +1^ judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. * * Rule 60(b) (5), (6), Fed. Rules Civ.Proc., 28 U.S.C.A.
  If there had not been a judgment of the Circuit Court of Broward County, Florida, dissolving the attachment there would have been no cause of action upon the attachment bond. The gravamen of the cause of action in the federal court action was that the attachment “was wrongful and improper and that said Luciano, et ah, had no meritorious grounds for the issuance of the writ of attachment.” This claim, and the judgment upon it, were dependent upon and hence were based upon the state court judgment that the attachment was improperly sued out. The state court judgment has been reversed. If the judgment of the federal court is permitted to stand there will be a recovery permitted upon a claim which was or, but for the judgment, would have been extinguished on the day prior to the denial of a motion for a new trial. To prevent such a manifest miscarriage of justice was one of the purposes of the adoption of the quoted rule.
  The appellee points to the statement of the agreement of appellant’s counsel at a pre-trial conference that the only issue was the amount of attorney’s fees, and urges that since the appellant did not raise before the trial court the question here presented, it cannot here prevail. The appellant did tender an amendment to its answer in which it set up the fact of the appeal from the state court judgment. The district court did not act upon the motion to amend. At the time of the trial the judgment of the state court was a valid and subsisting judgment. Whether it could have been superseded is a question we need not answer. It was not superseded and the appellant in this cause should not be prejudiced because there was no stay in the state court. There has been no conduct of the appellant which should estop it from asserting a claim for relief against the judgment. There has been no delay working to appellee’s prejudice. Ferrell v. Trailmobile, Inc., 5 Cir., 1955, 223 F.2d 697.
  Rule 60(b) is to be liberally construed and applied to carry out the purpose of avoiding, where relief is promptly sought and no prejudice is shown, the enforcement of a judgment which has become erroneous even though it may have been proper when entered. Serio v. Badger Mutual Insurance Co., 5 Cir., 1959, 266 F.2d 418, certiorari denied 361 U.S. 832, 80 S.Ct. 81, 4 L.Ed.2d 73. The appellant’s Rule 60(b) motion should have been granted and the judgment vacated. That these things may be done the order denying the motion is reversed and the cause is remanded.
  In the opinion of the Florida District Court of Appeal there was a remand for a determination of factual issues. Nothing we have here said is intended to preclude the appellee from asserting such cause of action, if any, that may have arisen or may hereafter arise upon the appellant’s attachment bond after the remand of the state court case.
  For proceedings here directed, the judgment of the district court is
  Reversed and remanded.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Note that if an individual is listed by name, but their appearance in the case is as a government official, then they should be counted as a government rather than as a private person. For example, in the case "Billy Jones & Alfredo Ruiz v Joe Smith" where Smith is a state prisoner who brought a civil rights suit against two of the wardens in the prison (Jones & Ruiz), the following values should be coded: number of appellants that fall into the category "natural persons" =0 and number that fall into the category "state governments, their agencies, and officials" =2. A similar logic should be applied to businesses and associations. Officers of a company or association whose role in the case is as a representative of their company or association should be coded as being a business or association rather than as a natural person. However, employees of a business or a government who are suing their employer should be coded as natural persons. Likewise, employees who are charged with criminal conduct for action that was contrary to the company policies should be considered natural persons.
  If the title of a case listed a corporation by name and then listed the names of two individuals that the opinion indicated were top officers of the same corporation as the appellants, then the number of appellants should be coded as three and all three were coded as a business (with the identical detailed code). Similar logic should be applied when government officials or officers of an association were listed by name.
  Your specific task is to determine the total number of appellants in the case that fall into the category "private business and its executives". If the total number cannot be determined (e.g., if the appellant is listed as "Smith, et. al." and the opinion does not specify who is included in the "et.al."), then answer 99.