Item 2.02. Results of Operations and Financial Condition.

On October 29, 2009, Ball Corporation (the "Company") issued a press release announcing its third quarter earnings for 2009, which results are set forth in the press release dated October 29, 2009, and attached hereto as Exhibit 99.1.

Earnings information regarding the third quarter 2009, as well as information regarding the use of non-GAAP financial measures, are set forth in the attached press release.

The information in this Report shall not be deemed to be "filed" for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liability of that section, and shall not be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

Item 5.03. Amendments to Articles of Incorporation or Bylaws; Changes in Fiscal Year.

On October 28, 2009, the Board of Directors of the Company amended the Bylaws to clarify that the Chief Executive Officer (the "CEO") need not be a director of the Company and to clarify the CEO's executive role. Exhibit 3(ii) attached hereto provides the text of the amended sections.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

The following are furnished as exhibits to this report:

Exhibit 3(ii) Amended Language of the Bylaws.

Exhibit 99.1 Ball Corporation Press Release dated October 29, 2009.

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