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We worked for Pan Alaska and lived on the barge. Costello, the bartender, testified that he did not become aware that Pears was in the bar that night until Pears was leaving. Head to the Elbow Room. Find many great new & used options and get the best deals for 1986 Tommy's Elbow Room Fairbanks, AK Wooden Nickel - Token Alaska at the best online prices at eBay! Street in 2002 and to 651 Eighth Street in 2004. *161 John V. Acosta and Marcus R. Clapp, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for appellants, cross-appellees. Unisea bought the liquor license, just to eliminate the competition, no word of anyone opening another bar. Money poured into the pockets of pipeline workers, who fueled a massive explosion of bars downtown. Pears and his friend, Kathy Hill, then drove to Hill's house. [14] See also Restatement (Second) of Torts 433B Comment b (1977) ("questions [of causation] are normally for the jury, and the court may seldom rule on them as matter of law"); Sharp v. Fairbanks North Star Borough, 569 P.2d 178, 183 (Alaska 1977). HOT WATER OUTPUT: 148,000 BTU/h; SIZE: 12-5/8 x 27-3/4 x 22-1/2 WATER FLOW RATE/ TEMPERATURE RISE: 6.1 gal./min. Elbow Room Locations & Hours Near Fairbanks, AK [12] Kristina Hall, an off-duty waitress at Tommy's. Moved to Peger Road and became a sports bar. [15] See Nazareno v. Urie, 638 P.2d 671, 677 n. 10 (Alaska 1981). Patrons pack the dance floor at Latitudes one last time on Saturday, November 3. Rooms may be scheduled for UAF departmental meetings, individual class meetings, thesis defenses, teleconferences, interviews, seminars . After a few year years I ended up working on a processing ship for Pan Alaska, but cant remember its name right now. Further, in Nazareno we explicitly stated that although a jury could so conclude, it "would not be compelled to so so." Hours & Location. His 22-year-old son McKay, his 22-year-old . The house is a 3 bed, 2 bath (2nd bath is shared) in a quiet part of North P. About 11.1mi from Fairbanks AK. Blackford v. Taggart, 672 P.2d 888, 890 (Alaska 1983). I ve been there many times before they closed there doors for good. Want something involving a bar stool Cris? It is this aspect of Kavorkian I that petitioners now challenge. For your consideration is this Tommy's Elbow Room 49th Star Fairbanks, Alaska Ashtray. But the Taphouse holds a major distinction: It's the first alcohol-only business to open downtown in years. (Rugile Kaladyte / Alaska Dispatch News). at 677. We did not reach the issues raised on cross-appeal because of that outcome. . Ralph Kavorkian is Marie Kavorkian's widower and Sarah Kavorkian's father. Add a photo. The borough had to change its laws to allow craft distilleries to operate downtown in 2014 in order for Levy to open. Since the same standard is used to review such denials, we will discuss these two arguments together. Centralization was no longer necessary. [8] The waitress on duty that night, Angela Wallace, remembered nothing about the evening. During the Midnight Sun Season (April 22- August 20), Fairbanks experiences 24 hours of sunlight for seventy days from May 17 to July 27. Flame Room: 505 1/2 Second Avenue, 1948 - 1970. KAVORKIAN v. TOMMY'S ELBOW ROOM, INC | 711 P.2d 521 | Alaska | Judgment It's centralized. According to Hill, Pears drove fast and recklessly, running stop signs, yield signs, and red lights. Find Tommy Phillips's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. [5] We also stated in dicta that juries would not be compelled to conclude that, given the intoxication of the tortfeasor and the defendant's negligence in serving him alcohol, the defendant was responsible for the plaintiff's injuries. [3] They maintain *523 that our holding in Kavorkian I would require plaintiffs "to connect particular molecules of alcohol to a particular portion of a tortfeasor's intoxication" and would allow liquor licensees to escape their statutorily imposed responsibility by arguing that they did not serve enough alcohol to affect the tortfeasor's pre-existing intoxication. 12 reviews #105 of 137 Restaurants in Fairbanks $$ - $$$ American. Businesses say they've considered the implications of economic downturn. i will really miss the times i had in there. Contact (907) 450-9500. In prosecutions for such crimes as criminally negligent homicide, AS 11.41.130, the jury must evaluate the defendant's conduct against a statutory definition like that at issue here. All rights reserved. Someone on this list mentioned Pete: Maybe that was Larrys friend Pete who worked with him on the Peggy Rose (and who had his picture on the cover of National Geographic as a young Aleut child). on this basis was not error. Sidewalks are maintained. Tommy's argues that the statutory definition is sufficiently clear, and that no reference to legislative history consistent with that definition is necessary. While the statutory definition of "drunken person" is not lucid, the instruction offered by Kavorkian would not have clarified its meaning appreciably. Tommy's Elbow Room, 694 P.2d 160 (Alaska 1985) (Kavorkian I), this court upheld the superior court's decision to give a standard proximate cause jury instruction over plaintiffs' (collectively referred to as "Kavorkian . I thought it was a fun place to be, and when you walked in it was pretty much recognized whether you belonged there or not. After years of stagnation, downtown Fairbanks springs back to life Anyway to still by shirts from there. . He ran into Marie[2] Kavorkian's Datsun, killing her and Tonya Brantingham, and seriously injuring Sarah Kavorkian, Marie's 20-year old daughter. More roads will be renovated over at least the next fiveyears. Negotiations with the notorious Savoy Bar took years, stretching into 1992, the Anchorage Daily News reported at the time. Tommy's Elbow Room, Inc. - 694 P.2d 160. TOMMY'S ELBOW ROOM CABARET, FAIRBANKS ALASKA.AUCTION IS FOR TWO (2) $1.00 WOODEN NICKELS.MARKED VALID IN 1986 Tommy's Elbow Room: 410 Second Avenue, 1946 -- 2003. +91 9874561230 10 Jun. [2] Gladys Marie Kavorkian called herself and was known as Marie. images I wish I could upload; not only of the Elbow Room but of the PRE-ORDER SHOP. 8. This is a glass ashtray that is approximately 6" by 4" and 1 1/2" tall. Borealis Basecamp, Fairbanks. [6] Since a general verdict was used, this error necessitates a new trial. Kavorkian v. Tommy's Elbow Room, Inc. - casetext.com Whether his failure to observe Pears more closely before serving him alcohol "constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation," AS 04.21.080(a)(1), is a question for the jury. As in other towns, the automobile changed everything. RABINOWITZ, Chief Justice. Downtown quieted. Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ. See Nazareno v. Urie, 638 P.2d 671, 673 & n. 1 (Alaska 1981). I worked up in Dutch Harbor in 1979/80. motion on this point. Kavorkian's subsequent petition for rehearing . This site is protected by reCAPTCHA and the Google. Worked in the Unisea starting in 90, as well. I loved the Elbow room. Mecca Bar, Co-Op Plaza and The Crepery are some of the businesses found on Second Avenue in downtown Fairbanks. Owned by Bill McPhee, who had also owned a saloon in Dawson City. The further link that the intoxication be caused by the negligent providing is not required. As such they may have imperfections or flaws which I try very hard to describe accurately. TOMMY'S ELBOW ROOM, INC. v. KAVORKIAN | 727 P.2d 1038 | Alaska Sourdough Roadhouse: Mile 148 Richardson Highway, 1933 1992. In support of these contentions petitioners rely on a series of Connecticut cases holding that Connecticut's Dram Shop Act does not require plaintiffs to establish a causal relationship between a particular sale of alcoholic beverages and the injury. My first night there I remember a woman walking up to me and holding out her hand. tommy elbow room fairbanks alaska - fieldscore.org We also carry fine, authentic, imported foods & beverages from Italy. why not make a musiem out of it and use the proceeds for the people there that need help except Tommy's emphasizes other passages from Hill's testimony. Products | Toyo Heat And shopping centers needed parking something downtown didn't supply, Cole said. The superior court refused to give two of Kavorkian's proposed instructions, which were intended to supplement the statutory definitions of "drunken person" and "criminal negligence." (1991- Early Dawn) my first time there was the year the KP-22 got shut down. Sarah Kavorkian, and Fred Brantingham, Individually and a Larry, if you see this, Find 1 listings related to Elbow Room in Fairbanks on YP.com. 694 P.2d 160 (1985) Ralph KAVORKIAN, Individually and as Personal Representative of the Estate of Gladys Marie Kavorkian. Dutch Harbor, itself. The old City Hall, built in 1933 and once the heart of city government in the Interior, is now the first distillery in downtown. [18] Therefore, we hold that the superior court did not commit error in refusing to give Kavorkian's proposed instruction on "criminal negligence.". [20] Our disposition makes it unnecessary to address any of the issues raised in the cross-appeal. this court asks whether, viewing the evidence in the light most favorable to the non-moving party, reasonable jurors could differ in their assessment of the particular issue. One of the things I wanted to do was reinvigorate (the area)," Levy said. Pears broke a lotion bottle while using Hill's bathroom. 01/25/85 RALPH KAVORKIAN v. TOMMY'S ELBOW ROOM | Alaska Supreme Court In addition to moving for J.N.O.V., Kavorkian moved alternatively for a new trial, arguing that the superior court erred by not giving three proposed jury instructions. if the building of the old elbowroom is still there Unfurnished room in an apartment. Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ. Playboy magazine declared Dutch Harbor's Elbow Room and Naknek's Red Dog classic Alaska bars - while shooting two pictorial spreads of Talkeetna's Fairview Inn, which was put up for sale at $1.8 . Enhance this page - Upload photos! There's stillwork to do, Gardino said. Best Glass Igloo Hotel In Alaska, USA | Trip101 "When the heart ofFairbankskind of collapsed was after the pipeline," Terrence Cole said. Contact us at 206-258-7776 or visit us at 1275 Sadler Way Ste, STE 101, Fairbanks, AK 99701: Orthopaedic Surgical Associates, LLC. Petitioners Ralph Kavorkian, Sarah Kavorkian, Fred Brantingham and Martha Brantingham (Kavorkian) ask us to reconsider our decision in Kavorkian v. Tommy's Elbow Room, Inc., 694 P.2d 160 (Alaska 1985) (Kavorkian I). The first burst of growth was in World War II with the military's arrival, Cole said. Pasttime: 101 Cushman (First Avenue and Cushman), 1943 - 1983. "We're just going to roll with the punches," Eagle-Lavelle said. 4 read as follows: Instead of using Kavorkian's proposed instruction, the superior court simply told the jury the statutory definition of "drunken person". tommy elbow room fairbanks alaska - darmoweszablonycanva.pl Wooden Logger's Hat. Email web@heavensfield.com. A person who provides alcoholic beverages to another person may not be held civilly liable for injuries resulting from the intoxication of that person unless the person who provides the alcoholic beverages holds a license authorized under AS 04.11.080-04.11.220, or is an agent or employee of such a licensee and. See Pepsi Cola Bottling Co. v. Superior Burner Service Co., 427 P.2d 833, 837 (Alaska 1967) ("if the defective, or erroneous, requested instruction directs the court's attention to an issue which the jury has not been instructed upon but which is necessary to enable the jury to intelligently determine the case, `the court's error in failing to charge may not be excused by technical defects in a request to charge'") (citations omitted). On appeal in Kavorkian I, Kavorkian argued that the superior court's previous rulings "established as a proximate cause of the fatal collision the drinks Tommy's served Pears that evening," and therefore the superior court's denial of Kavorkian's motions for directed verdict and J.N.O.V. Show all. For a directed verdict to have been proper as to proximate cause, there would have to have been an absence of a jury issue as to whether Pears was a "drunken person" under AS 04.21.080(b)(7) and whether Tommy's acted with "criminal negligence" in serving him in violation of AS 04.16.030, since a violation of AS 04.16.030 is a predicate to liability under AS 04.21.020. Inside the Northward Apartment building. Before that time, however, Costello had seen Hill playing foosball with a man, and had served her drinks at the bar which she took back to the foosball table. [6] We note that the instruction requested by Kavorkian at trial is not in accord with the explicit statutory argument petitioners now advance. I made freinds with Justina Stepetin, a really funny aleut girl and was introduced to the craziness of the Elbow Room. More than $51 million in state and federally funded construction projects have taken place downtown in the last four years, said Donna Gardino, executive director of the Fairbanks Metropolitan Area Transportation System. It doesnt seem like a kind thing to do. Brown Brunner, Fairbanks, for appellee and cross-appellant. Me and my 13 year old at the time daughter ate Thanksgiving dinner with Larry and Pete and Helen and the others that year. tommy elbow room fairbanks alaska . Rooms - Spaces at Rasmuson Library - Guides at University of Alaska These instructions parallel the three issues on which he sought, and was properly denied, J.N.O.V.'s. against Tommy's or at least a new trial, Kavorkian now appeals. tommy elbow room fairbanks alaska. to see it. (1) sell alcoholic beverages to a drunken person. The definition itself is, regrettably, quite abstract. Pears admitted that he was drunk on the night of the accident. Most of my items are used and collectible, bought at estate sales. Fairbanks AK Roommates | Roomies.com We conclude that reasonable jurors might well have disagreed over the extent, if any, of Pears' physical and mental impairment. Our Products | Tommy G's Meat & Sausage Monsey testified that Pears "looked like he'd been drinking a little bit". Fairbanks Bar: 542 Second Avenue, 1954 1981. Get free access to the complete judgment in KAVORKIAN v. TOMMY'S ELBOW ROOM, INC on CaseMine. Photo courtesy of Charles Homans/KIAL News, Your email address will not be published. motions. motion as to whether Pears was a "drunken person" when he was served at Tommy's, Kavorkian relies upon six witnesses who testified that they thought that Pears was very intoxicated that evening. No worries, My skipper Dave Strand was pretty happy I had been there. blah blah. So long to an era. Thanks for the memories! I was in the U.S. Coast Guard Patrons pack the dance floor at Latitudes one last time on Saturday, November 3. He experienced difficulty walking to the foosball table once inside Tommy's. (Emphasis supplied) Thus, under the text of our statute the injuries must result from intoxication of the drunken person. "[8] When Costello saw Pears leave, Pears looked "fine no problem.". Anyway, times have certainly changed! 1983), in which the court of . Background Report. 1. It was the 70s, most of which is a blurr for me now. Built in 1906, the original log building was first located on First Avenue. You're all set! Flame Room: 505 1/2 Second Avenue, 1948 - 1970. Still around? Paypal only, please. Its kind of sad to think an era has come and gone. She believes her business would fare better if the Polaris Building was torn down. The Savoy Bar became a parking lot, and the SpringHill Suites Marriott hotel now fills the property where other bars once stood. I was sad to hear this. Unusual behavior for a fisherman, dont you think?! The superior court thus acted properly in denying Kavorkian's J.N.O.V. The jury concluded that Tommy's was not liable to Kavorkian. Sarah Kavorkian sought compensation for her injuries. Owned by Tommy Paskvan Jr., the bar Cant afford another one because I am disabled but always wondered what happened to good old Pete. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. Pears did not attempt to brake for the red light at 3rd Avenue. Downtown is perfect for Levy. All of our beef is Certified Angus Beef, USDA Choice or better, making it truly the best of the best. I went up to Dutch Harbor with college friends back in the summer of 1979 to make money for tuition. Businesses in the areasay it's an overplayed anxiety. A very nice talkable native man named Pete came to me with a trash bag full of ElbowRoom t shirts and Sweatshirts. I walked over and made friends and got roaring drunk. Lloyd Hoppner and Joseph L. Paskvan, Rice, Hoppner, Brown & Brunner, Fairbanks, for appellee, cross-appellant. Bobby Storres was one of them. Thus, in the instant case, the jury could have reasonably concluded that the two drinks served to Pears at Tommy's did not contribute substantially to his continued intoxication, given the evidence that Pears drank alcohol before arriving at Tommy's. i was in dutch harbor in 1976 it was wild i remember the elbowroom ,well through a drunken haze it was great i worked on the docks unloading king crab , i bunked on the barge for a while then moved to the bunk house with my husband. First time visitors to the bar received a free drink. Home. Too bad its not there anymore. Fairbankslaw enforcement struggled to keep any sort of grip on lawfulness, Cole writes. While crossing the street, they were stopped by two Fairbanks policemen, Sergeant Miller and Officer Stepp. cze 23, 2022 | how has the catholic church influenced mexican culture | how has the catholic church influenced mexican culture 2014 - Another survivor of Second Avenue, sort of. 909 Tommy St, Fairbanks, AK 99712 is a single family home for sale listed on the market for 52 days. Backed by state grants, the Fairbanks Development Authority began buying up the property on Second Avenueand evicting the bars. The City of Fairbanks is excited to host its first-ever Citizen Engagement. Would have loved to go there sometime. Joseph, a noted totem pole carver, was readying himself to raise a totem pole in Sitka, and he realized he needed a hat to keep the rain off his head during the ceremony. I cant believe I found this site. I was wondering if there was a way that I could get a copy of a picture that was taken in the elbow room of two freinds of mine and Sig, the captain of the wizard(I do believe that was the name). This site is protected by reCAPTCHA and the Google. One of the first bars in town to have a TV. 1959 ALASKA 49th State Birthday Souvenir Trade Dollar-Fairbanks The Gold, Fairbanks, Alaska The 49th State 1959 Good For $1 In Trade, Alaska 49th State $1 Dollar In Trade Fairbanks Souvenir 7-Token Set, Fairbanks Alaska 1959 49th State Commemorative Medal So-Called Trade Dol, 1959 Alaska The 49th State Golden $1 Birthday Year Souvenir Coin Fairban, Alaska Overland Bus Token Fairbanks Alaska 49th State Star, 1959 Alaska 49th State Souvenir Golden Dollar Fairbanks, 3 - Alaska 49th Statehood 1959 Gf $1 Trade Token Fairbanks Souvenir Mone, Alaska 49th State Souvenir Golden Dollar Fairbanks Chamber Of Commerce 1, Vintage Bar Ware Identification & Value Guide, B. Barlington & Sons Ltd. Tabacco Pipes 1962, Collectors Guide To Ashtrays Identification & Values, 2nd Edition, The Big Book Of Cigarette Lighters Identification & Values, 2023 - WorthPoint Corporation | 5 Concourse Parkway NE, Suite 2900. Have a little piece of Tommy's Elbow Room, it's all closed up now! Tommy's Elbow Room: 410 Second Avenue, 1946 - 2003. In so holding, we adhere to the policy set out in Nazareno v. Urie, 638 P.2d 671, 677 (Alaska 1981), where we said: We therefore hold that the superior court's failure to properly instruct the jury *524 on the issue of proximate cause constituted plain error. Fairbanks AK Rooms for Rent | Roomies.com Tommy Joseph, Sitka, 2009. USDA PRIME Picanha. martha's vineyard sharks: 2021; why does destiny 2 keep crashing ps5; the black ball by ralph ellison symbols For decades, the city's core was in a sad state. or, in the alternative, a new trial against Tommy's. The plan was to reinvigorate downtown with a hotel, parking and convention center. "They kind of killed downtown for a while," he said. Tommy's Elbow Room 49th Star Fairbanks Alaska Ashtray . It serves mostly beer, a few wines. [1] For a concise account of the facts leading up to Richard Pears' accident, see Pears v. State, 672 P.2d 903, 909 (Alaska App. The Elbow Room is now the site of a new shared workspace, the Hub. As we held in Kavorkian I, the superior court did not err in refusing to grant directed verdicts on these issues. Probably in 1994 or around there. Like many urban communities, the city's core has shifted over the decades, according to Terrence Cole,Fairbanks historian and UniversityofAlaska Fairbanksprofessor (Cole is also the brother of Alaska Dispatch News columnist Dermot Cole). The legislative history of AS 04.16.030, as noted previously, reflects an intent to let the jury evaluate whether or not a patron of a bar has exhibited such "outward manifestations" as to be recognizable as a drunken person. . It was fun, but dangerous, he said. . Ralph KAVORKIAN, Individually and as Personal Representative of the Estate of Gladys Marie Kavorkian. It is in great condition! Sign up for our free summaries and get the latest delivered directly to you. The Unisea just finished up a major remodel of the Sports bar on Tuesday and it looks great . A two-day wake was held and the Governors of Alaska and Nevada both sent letters of condolence. Tommy's Elbow Room, Inc., 711 P.2d 521 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Officer Stepp arrived at the crash site to find Pears in the same intoxicated condition that he had observed earlier. Those were the days. [1] For a recitation of the facts leading to this petition for rehearing, see Kavorkian I and Pears v. State, 672 P.2d 903, 909 (Alaska App. Sign up for our free summaries and get the latest delivered directly to you. The superior court decided to give only a standard proximate cause instruction. Among the changes was strategically transforming Cushman Street from a three-lane street to a two-lane street and widening those sidewalks. . [9] Testimony concerning Pear's condition shortly before and after his visit to Tommy's is circumstantially relevant to the determination of Pear's condition at Tommy's. It is in great condition! Restatement (Second) of Torts 434 (1977) describes the respective functions of court and jury with regard to the issue of causation: The superior court ruled that Tommy's could not argue that the accident would have occurred without any act by Tommy's. tommy elbow room fairbanks alaska - waterfallguesthouse.co.za The first approach would violate the policies recognized in Nazareno v. Urie, 638 P.2d 671, 677 (Alaska 1981), while the second approach would improperly remove the issue of causation from the jury's province. FAIRBANKS Lavelle's Taphouse is unassuming from the street, tucked inside a small building on SecondAvenue. Kavorkian argues that the superior court erred by denying his J.N.O.V. Tommy's Elbow Room Cabaret, $1.00 Wooden Nickel from Fairbanks Alaska, 1986 | eBay re-opened across the street at the corner of Second and Lacey. One of the first bars in town to have a TV. Im gonna go break some glass right now in honor of the no glass policy last time I was there was to have a drink for a lost brother (RIP Kyle Smith 94), Peace Brother ! [18] In fact, an identical definition of "criminal negligence" appears in the state criminal code. I worked for East Point and had as many friends among the dog pack as I did in the packing plant. Tommy Phillips in Alaska. Before opening, she had a long meeting with the city council, where she became the first liquor establishment to be approved downtown in at least a decade, and maybe longer, the City of Fairbanks said. He's seen it develop into a more modern vibe. Dam, back in the day you either the Unisea Inn or the Elbow Room to drink at. Company - Leadership - Design Alaska She would dance with me every once-in-a-while and every guy in there thought he would be the one to see her home. independently. [4] Kavorkian attacks the superior court's denial of his motions for directed verdict and J.N.O.V. The company was able to move into the former City Hall building in late July of 2014. I believe during a native convention was the reason but a man named Pete. De leukste blogs over honden en huisdieren example@gmail.com. Like the Taphouse, Levy faced his own regulatory hurdles. Deadliest Catch fans came to know this hot spot in Unalaska, AK, as the bar where the Deadliest Catch skippers gathered around a round table (season 3) and placed the now famous bet as to who would bring in the first 100,000 pounds of crab in the least number of pots. I had just graduated high school and turned 16 when I arrived after being snowed in in Cold Bay with 50 rowdy drunks for 2 days. For convenience's sake we will include both the J.N.O.V. Staff Login X . Seems to me it houses the hardest working people anywhere. Overview of Thomasena Baird . There aren't enough food, service, value or atmosphere ratings for Brinkley Room, Alaska yet. Officer Whitney testified that he didn't think Pears met the definition of a "drunken person" within the meaning of the statutes. Savoy Bar: 414 Second Avenue, 1938 1968 and 423 Second Avenue, 1968 - 1993. Built in 1902, one of the most visited roadhouses in Alaska. On October 5, 1981, Richard Pears finished work at 4:30, lingered there for a beer, and then went to Los Amigos, a Fairbanks bar, to watch Monday Night Football. "I knew it was going to be hard, but I didn't know it was going to be that hard," Arlette Eagle-Lavelle said of opening her business in January 2016. 909 Tommy St, Fairbanks, AK 99712 | realtor.com tommy elbow room fairbanks alaska BosqueReal desde 162 m 2 Precios desde $7.7 MDP. . it as it was i would bet a lot of them would pay $5.00 You already receive all suggested Justia Opinion Summary Newsletters. But the renovations come at a time when Alaska's economic future faces bleak predictions. They left Tommy's about 8:30 p.m., and walked across Second Avenue to Pears' pickup.

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tommy elbow room fairbanks alaska