opinion: Gloria THERIAULT et al., Plaintiffs-Appellants, v. David E. SMITH, Defendant-Appellee.
  No. 75-1221.
  United States Court of Appeals, First Circuit.
  Submitted Sept. 12, 1975.
  Decided Sept. 30, 1975.
  Susan Calkins, Robert Edmond Mittel and Sidney St. F. Thaxter, Portland, Me., on brief for plaintiffs-appellants.
  Joseph M. Kozak, Asst. Atty. Gen., Augusta, Me., on brief for defendant-appellee.
  Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.
  McENTEE, Circuit Judge.
  This is an interlocutory appeal, certified on May 23, 1975, by the district court under 28 U.S.C. § 1292(b) (1970). At issue is the district court’s order of May 6, 1975, vacating a consent decree to which defendant had agreed on July 29, 1974.
  In an opinion dated July 30, 1975, we denied plaintiff’s motion for a stay pending appeal. Theriault v. Smith, 519 F.2d 809 (1st Cir. 1975). To decide the stay motion, we analyzed the merits in some detail so as to be able to evaluate plaintiffs’ likelihood of prevailing. Careful consideration of plaintiffs’ arguments on appeal has not led us to any different view of the merits than we then expressed.
  We believe that the district court acted properly, in accordance with Fed.R. Civ.P. 60(b)(5), in vacating the consent decree in this ease. The Supreme Court’s decision in Burns v. Alcala, 420 U.S. 575, 95 S.Ct. 1180, 43 L.Ed.2d 469 (1975), construing 42 U.S.C. § 606(a), represented a fundamental change in the legal predicates of the consent decree. This is arguably the kind of situation in which relief should be available under Rule 60(b)(5). Defendant sought prospective relief only, and he did so only as a result of an important decision of the Supreme Court. It may well be unreasonable to require defendant, for the indefinite future, to abide by a consent decree based upon an interpretation of law that has been rendered incorrect by a subsequent Supreme Court decision. As Mr. Justice Cardozo stated in the leading case of United States v. Swift & Co.: “A continuing decree of injunction directed to events to come is subject always to adaptation as events may shape the need.” 286 U.S. 106, 114, 52 S.Ct. 460, 462 (1932). See also System Federation No. 91 v. Wright, 364 U.S. 642, 646-48, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961); 11 C. Wright & A. Miller, Federal Practice & Procedure, § 2863 (1973).
  Any hesitation we might have in applying Swift to the case at bar is removed by the wording of the consent decree itself. That decree contained the undertaking that “Defendant beginning August 1, 1974 will, pursuant to 42 U.S.C. § 602(a)(10) and 42 U.S.C. § 606(a), grant AFDC benefits . to otherwise eligible women on behalf of their unborn children.” As the Court made clear in Alcala, the referenced provisions do not authorize such benefits. Defendant is therefore precluded from granting such benefits under their authority.
  We find that, in vacating the consent decree, the district court exercised sound discretion, comporting with established principles of equity and the Federal Rules of Civil Procedure. Accordingly, its decision is affirmed.
  . For a summary of the factual and legal issues involved in this case, see Theriault v. Smith, 519 F.2d 809 (1st Cir. 1975).
  . The first item in the consent decree indicates that defendant agreed to grant the disputed AFDC benefits on the basis of his understanding of 42 U.S.C. § 606(a):
  1. Defendant beginning August 1, 1974 will, pursuant to 42 U.S.C. § 602(a)(10) and 42 U.S.C. § 606(a), grant AFDC benefits or additional AFDC benefits to otherwise eligible pregnant women (whose pregnancies have been medically determined) on behalf of their unborn children.
  At the time of the consent decree, our decision in Carver v. Hooker, 501 F.2d 1244 (1974) was controlling as to AFDC benefits for otherwise qualified mothers of unborn children. That decision was subsequently vácated by the Supreme Court, 420 U.S. 1000 (1975), and directly contradicted by Burns v. Alcala, supra.
  . Rule 60(b) reads, in pertinent part:
  On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: ... (5) the 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; . .
  As we held in Lubben v. Selective Service Board No. 27, 453 F.2d 645 (1st Cir. 1972), the final clause of Rule 60(b)(5) should be read in light of the decision in United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (1932). The criteria to guide the court’s discretion in determining whether to grant prospective relief from a consent decree or injunction are contained in this crucial sentence from Mr. Justice Cardozo’s opinion in Swift: “Nothing less than a clear showing of grievous wrong evoked by new and unforeseen conditions should lead us to change what was decreed after years of litigation with the consent of all concerned.” Id. at 119, 52 S.Ct. at 464.
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.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama