Summary of LANDRYS RESTAURANTS INC

ITEM 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review.

On November 6, 2009, Landry's Restaurants, Inc. and its independent registered public accounting firm determined that it did not properly consider the accreted value of its redeemable non-controlling interests arising from its right to acquire a minority interest in T-Rex Cafe, Inc. in its determination of net income available to Landry's common stockholders in the first and second quarter of 2009. The Company discussed this matter with its Audit Committee and its independent registered public accounting firm. The Audit Committee has further discussed this matter with its independent registered public accounting firm. In connection with the restatement, the Company identified a material weakness in disclosure controls and procedures and concluded that the Company's disclosure controls and procedures were not effective as of March 31, 2009 and June 30, 2009 due to a material weakness in its internal control over financial reporting solely related to this restatement of net income available to the Company's stockholders for the purposes of calculating earnings per share. The Company will amend its quarterly filings on Form 10-Q for the quarterly periods ended March 31, 2009 and June 30, 2009. Such amendments will have no effect on the Company's cash flows or financial position. The amended filings will reflect the following:

                                          Three Months Ended                  Three Months Ended                   Six Months Ended
                                            March 31, 2009                      June 30, 2009                       June 30, 2009
                                   As reported       As restated       As reported       As restated       As reported       As restated
Amounts available to Landry's
common stockholders:
Income (loss) from continuing
operations                         $  7,124,149      $  6,059,386      $  8,313,179      $  6,652,301      $ 15,437,328      $ 12,711,687
Loss from discontinued
operations                              (50,903 )         (50,903 )         (47,867 )         (47,867 )         (98,770 )         (47,867 )

Net income (loss)                  $  7,073,246      $  6,008,483      $  8,265,312      $  6,604,434      $ 15,338,558      $ 12,663,820

EARNINGS (LOSS) PER SHARE
INFORMATION:
Amounts available to Landry's
common stockholders:

BASIC
Income (loss) from continuing
operations                         $       0.44      $       0.37      $       0.52      $       0.42      $       0.96      $       0.79
Loss from discontinued
operations                                   -                 -              (0.01 )           (0.01 )           (0.01 )           (0.01 )

Net income (loss)                  $       0.44      $       0.37      $       0.51      $       0.41      $       0.95      $       0.78

Weighted average number of
common shares outstanding            16,140,000        16,140,000        16,140,000        16,140,000        16,140,000        16,140,000

DILUTED
Income (loss) from continuing
operations                         $       0.44      $       0.37      $       0.51      $       0.42      $       0.96      $       0.79
Loss from discontinued
operations                                   -                 -              (0.01 )           (0.01 )           (0.01 )           (0.01 )

Net income (loss)                  $       0.44      $       0.37      $       0.50      $       0.41      $       0.95      $       0.78

Weighted average number of
common and common share
equivalents outstanding              16,155,000        16,155,000        16,205,000        16,205,000        16,180,000        16,180,000

As a result of this determination, the Company has concluded that the financial statements for the first and second quarter of 2009 which were previously filed, should no longer be relied upon because of this error.

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated: November 6, 2009 LANDRY'S RESTAURANTS, INC.

By: /S/ STEVEN L. SCHEINTHAL Steven L. Scheinthal Executive Vice President and General Counsel