UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D. C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of The Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): December 22, 2008
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THE
STEAK N SHAKE COMPANY
(Exact
name of registrant as specified in its
charter)
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INDIANA
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0-8445
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37-0684070
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(State
or other jurisdiction
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(Commission
File Number)
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(I.R.S.
Employer
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of
incorporation)
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Identification
No.)
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36
S. Pennsylvania Street, Suite 500
Indianapolis,
Indiana
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46204
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant's
telephone number, including area code: (317)
633-4100
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Not
Applicable
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(Former
name or former address, if changed since last
report.)
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Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
Item
2.02 RESULTS OF OPERATIONS AND FINANCIAL
CONDITION
For the
first fiscal quarter ended December 17, 2008 comparable guest traffic and sales
were as follows:
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Quarter
ended December 17, 2008
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||||
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Comparable
guest traffic
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(0.9) | % | ||
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Comparable
sales
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(1.4) | % | ||
Comparable
sales represent sales associated with only those restaurants in operation for at
least eighteen months.
Management does not believe comparable sales constitute the main, exclusive, or most important metric to measure results. However, they call attention to long-term traffic trends as a pertinent gauge useful in evaluating the business.
The
Company is furnishing the information contained in this report, pursuant to Item
2.02 of Form 8-K promulgated by the Securities and Exchange Commission (the
"SEC"). This information shall not be deemed to be "filed" with the SEC or
incorporated by reference into any other filing with the SEC. By filing this
report on Form 8-K and furnishing this information, the Registrant makes no
admission as to the materiality of any information in this report, including the
Exhibits.
SIGNATURES
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 thereunto
duly authorized.
THE
STEAK N SHAKE COMPANY
By: /s/
_________________________
Sardar
Biglari,
Executive Chairman
and Chief Executive Officer
Dated:
December 22, 2008