The "Are Identical to" option of the "select by location" tool does not work correctly in these 2 cases, the same processes and data work fine in ArcGIS 9.1
Work Around for Case 2:After I re-projected the data to WGS_1984 and applied transformation NAD_1983_to _WGS_1984_4, the select by location tool worked correctly with the two points in question. 09/24/07- JL Bug still exists in 9.3