Item 2.02 Results of Operations and Financial Condition.
Kansas City Southern (the "Company", "KCS") is furnishing under Item 2.02 of this Current Report on Form 8-K, the information included as Exhibit 99.1 to this report. Exhibit 99.1 is the Company's press release, dated October 29, 2009, announcing the Company's quarter and year to date ending September 30, 2009 operating results. Included in Exhibit 99.1 are schedules regarding certain financial information discussed during the Company's quarter and year to date ending September 30, 2009 analyst presentation and conference call. The information included in this Item 2.02, and Exhibit 99.1 to this Current Report on Form 8-K, shall not be deemed "filed" for the purposes of or otherwise subject to the liabilities under Section 18 of the Securities Exchange Act of 1934 as amended (the "Exchange Act"). Unless expressly incorporated into a filing of KCS under the Securities Act of 1933, or the Exchange Act made after the date hereof, the information contained in this Item 2.02 and Exhibit 99.1 hereto shall not be incorporated by reference into any filing of KCS, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
Item 9.01 Financial Statements and Exhibits.
(d)
Press Release dated October 29, 2009 issued by Kansas City Southern entitled "Kansas City Southern Reports Third Quarter 2009 Earnings per Share of $0.27 on Recovering Volumes and Cost Controls; Operating Income Nearly Doubles from Previous Quarter".

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