Amendment No.59 to Schedule 13D

-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, H5XY1gTk71M5v9SHqeTJWR77Tao/nt7GIHaZ5z+4cmghH5h+uMuMbsNPTRbtNwBs tpdj0qcJfbZfqgO1oA71xg== 0001193125-09-222292.txt : 20091103 0001193125-09-222292.hdr.sgml : 20091103 20091103172021 ACCESSION NUMBER: 0001193125-09-222292 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20091103 DATE AS OF CHANGE: 20091103 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BUFFETT WARREN E CENTRAL INDEX KEY: 0000315090 IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 1440 KIEWIT PLZ 3555 FARNAM ST STREET 2: STE 1440 CITY: OMAHA STATE: NE ZIP: 68131 MAIL ADDRESS: STREET 1: 1400 KIEWIT PLZ 3555 FARNAM ST STREET 2: STE 1440 CITY: OMAHA STATE: NE ZIP: 68131 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: BERKSHIRE HATHAWAY INC CENTRAL INDEX KEY: 0001067983 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] IRS NUMBER: 470813844 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-55113 FILM NUMBER: 091155384 BUSINESS ADDRESS: STREET 1: 1440 KIEWIT PLZ CITY: OMAHA STATE: NE ZIP: 68131 BUSINESS PHONE: 4023461400 MAIL ADDRESS: STREET 1: 1440 KIEWIT PLAZA CITY: OMAHA STATE: NE ZIP: 68131 FORMER COMPANY: FORMER CONFORMED NAME: NBH INC DATE OF NAME CHANGE: 19980810 SC 13D/A 1 dsc13da.htm AMENDMENT NO.59 TO SCHEDULE 13D Amendment No.59 to Schedule 13D

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

SCHEDULE 13D/A

(Rule 13d-101)

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT

TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED

PURSUANT TO RULE 13d-2(a)

(Amendment No. 59)¹

Berkshire Hathaway Inc.

(Name of Issuer)

CLASS A COMMON STOCK, PAR VALUE $5.00 PER SHARE

CLASS B COMMON STOCK, PAR VALUE, $.1667 PER SHARE

(Title of Class of Securities)

084670 10 8

084670 20 7

(CUSIP Number)

WARREN E. BUFFETT

3555 FARNAM STREET

OMAHA, NEBRASKA 68131

(402) 346-1400

(Name, Address and Telephone Number of Person Authorized

to Receive Notices and Communications)

November 2, 2009

(Date of Event Which Requires Filing of this Statement)

If the person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box. ¨

Note. Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent.

(Continued on following pages)

(Page 1 of 3 pages)

¹	The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).


CUSIP NO.	084670 10 8	2 OF 3 PAGES
	084670 20 7


1	NAMES OF REPORTING PERSONS Warren E. Buffett
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) ¨ (b) ¨
3	SEC USE ONLY
4	SOURCE OF FUNDS PF
5	CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) ¨
6	CITIZENSHIP OR PLACE OF ORGANIZATION United States Citizen
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH		7	SOLE VOTING POWER 350,000 shares of Class A Common Stock owned directly and beneficially by Mr. Buffett 1,500,618 shares of Class B Common Stock owned directly and beneficially by Mr. Buffett
		8	SHARED VOTING POWER 0
		9	SOLE DISPOSITIVE POWER 350,000 shares of Class A Common Stock owned directly and beneficially by Mr. Buffett 1,500,618 shares of Class B Common Stock owned directly and beneficially by Mr. Buffett
		10	SHARED DISPOSITIVE POWER 0
11	AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 350,000 shares of Class A Common Stock 1,500,618 shares of Class B Common Stock
12	CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* ¨
13	PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 33.12% of the outstanding shares of Class A Common Stock 10.11% of the outstanding shares of Class B Common Stock 31.61% of the aggregate voting power of the outstanding shares of Class A Common Stock and Class B Common Stock 25.78% of the economic interest of the outstanding shares of Class A Common Stock and Class B Common Stock
14	TYPE OF REPORTING PERSON* IN


CUSIP NO.	084670 10 8	3 OF 3 PAGES
	084670 20 7

Item 6. Contracts, Arrangements, Understandings or Relationships With Respect to Securities of the Issuer.

Item 6 of this Schedule 13D is amended to add the following:

On November 2, 2009, Mr. Buffett sent a letter, a copy of which is attached hereto as Exhibit 99.1, to Burlington Northern Santa Fe Corporation agreeing to vote all shares of Class A Common Stock and Class B Common Stock owned by him in favor of certain actions described in the letter.

Item 7. Material to be Filed as Exhibits.


Exhibit Number		Description of Exhibit

Exhibit 99.1		Letter dated November 1, 2009.

SIGNATURE

After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this Statement on Schedule 13D is true, complete, and correct.

Dated: November 3, 2009

WARREN E. BUFFETT

/s/ Warren E. Buffett

EX-99.1 2 dex991.htm LETTER Letter

Exhibit 99.1

November 1, 2009

Mr. Matthew K. Rose

Chairman, President, CEO

Burlington Northern Santa Fe

2650 Lou Menk Drive

Fort Worth, TX 76131-2830

Dear Matt:

I hereby confirm that I will vote the Berkshire Class A and Class B Common Stock owned by me, which represents 31.6% of the aggregate voting power of the Class A and Class B Common Stock and 10.1% of the voting power of the Class B Common Stock, in favor of all approvals necessary to effect the stock split of the Class B Shares and the adoption of the Berkshire equity plan as described in the merger agreement between Berkshire and BNSF.

Sincerely,

/s/ Warren E. Buffett

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