opinion: 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.
  When coding the detailed nature of participants, use your personal knowledge about the participants, if you are completely confident of the accuracy of your knowledge, even if the specific information is not in the opinion. For example, if "IBM" is listed as the appellant it could be classified as "clearly national or international in scope" even if the opinion did not indicate the scope of the business. 
  
  Your task concerns the first listed appellant. The nature of this litigant falls into the category "private business (including criminal enterprises)", specifically "financial institution". Your task is to determine what subcategory of business best describes this litigant.
choices: bank insurance savings and loan credit union other pension fund other financial institution or investment company unclear