Item 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

On August 10, 2009, The Steak n Shake Company (the "Company") issued a Press Release announcing its fiscal year 2009 third quarter results. The Company's earnings release is attached as Exhibit 99.1 and the information set forth therein is incorporated herein by reference and constitutes a part of this report.

Item 7.01 REGULATION FD DISCLOSURE

On August 13, 2009, the Company and Western Sizzlin Corporation ("Western") jointly anounced the execution of a non-binding Letter of Intent relating to a proposed merger of Western into a wholly-owned subsidiary of the Company. The joint press release is attached as Exhibit 99.2.

The information being furnished in this report (including Exhibits 99.1 and 99.2) are furnised pursuant to Items 2.02 and 7.01 and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and unless expressly set forth by specific reference in such filings, shall not be incorporated by reference in any filing under the Securities Act of 1933, as amended.

Item 9.01 FINANCIAL STATEMENTS AND EXHIBITS

(d) Exhibits 99.1 Press Release, dated August 10, 2009, issued by the Company 99.2 Press Release, dated August 13, 2009, issued jointly by the Company and Western Sizzlin Corporation

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