Summary of LANDRYS RESTAURANTS INC

ITEM 2.02. Results of Operations and Financial Condition.

On November 6, 2009, Landry's Restaurants, Inc. (the "Company") announced financial results for the third quarter ended September 30, 2009. The full text of the press release is set forth in Exhibit 99.1 hereto. The information in this report, including the exhibit hereto, is being furnished and is not deemed "filed" for purposes of the Securities Exchange Act of 1934, as amended. The information in this current report shall not be incorporated by reference into any registration statement or other document pursuant to the Securities Exchange Act of 1933, except as otherwise expressly stated in such filing.

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. 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 will amend its quarterly filings on Form 10-Q. Such amendment 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      $       0.39      $       0.52      $       0.41      $       0.96      $       0.79
Loss from discontinued
operations                                   -              (0.01 )           (0.01 )              -              (0.01 )           (0.00 )

Net income (loss)                  $       0.44      $       0.38      $       0.51      $       0.41      $       0.95      $       0.79

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      $       0.39      $       0.51      $       0.41      $       0.96      $       0.79
Loss from discontinued
operations                                   -              (0.01 )           (0.01 )              -              (0.01 )           (0.00 )

Net income (loss)                  $       0.44      $       0.38      $       0.50      $       0.41      $       0.95      $       0.79

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. The Company has discussed this matter with its independent accountants.

ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS

EXHIBIT NO. DESCRIPTION

99.1 Press Release dated November 6, 2009.

The information in this report, including the exhibit hereto, is not deemed "filed" for purposes of the Securities Exchange Act of 1934, as amended. The information in this current report shall not be incorporated by reference into any registration statement or other document pursuant to the Securities Exchange Act of 1933, except as otherwise expressly stated in such filing.

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